House Bill 1034

(As Passed the House)

AN ACT TO PROVIDE A SURCHARGE ON DEED OF TRUST FILINGS FOR
MORTGAGE LENDING FRAUD PROSECUTION; TO CREATE THE MORTGAGE LENDING FRAUD
PROSECUTION FUND; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, IN
CONFORMITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MISSISSIPPI:

SECTION 1. (1)
Except as provided in subsection (2) of this section, a surcharge of One
Dollar and Twenty-five Cents ($1.25) shall be charged by the chancery clerk at
the time of recording of each deed of trust, which will be in addition to any
other charge authorized by law. The
chancery clerk shall retain Twenty-five Cents ($.25) to administer the
collection of the surcharge. The
remaining funds shall be transmitted monthly to the State Treasurer, who shall
deposit the funds into the Mortgage Lending Fraud Prosecution Fund created in
Section 2 of this act. The Department
of Finance and Administration is responsible for the distribution of the funds
in the Prosecution Fund and shall, in consultation with the Attorney General
and local prosecutors, develop rules for the use of these funds to pursue
criminal prosecution of fraudulent activities within the mortgage lending
process.

(2)
The surcharge imposed in this section does not apply to assignments or
substitutions of previously recorded deeds of trust.

(3)
This section shall stand repealed on July 1, 2009.

SECTION 2. The Mortgage Lending Fraud Prosecution Fund
is created as a special fund in the State Treasury. All receipts from the surcharge imposed in Section 1 of this act,
except those retained by the chancery clerk for administration, shall be
deposited into the special fund.
Expenditures from the special fund shall be made only upon appropriation
of the Legislature, and may be used only for criminal prosecution of fraudulent
activities within the mortgage lending process. Only the Executive Director of the Department of Finance and
Administration or the director's designee may authorize expenditures from the
special fund.

(e)
Furnishing copies of any papers of record or on file and entering
marginal notations on documents of record:

If performed by the clerk or his employee,

per page.............................................. $ .50

If performed by any other person, per
page....... $ .25

(f)
For each day's attendance on the board of supervisors, for himself and
one (1) deputy, each.................. $ 20.00

(g)
For other services as clerk of the board of supervisors an allowance
shall be made to him (payable semiannually at the July and January meetings)
out of the county treasury, an annual sum not exceeding............................................. $3,000.00

(h)
For each day's attendance on the chancery court, to be approved by the
chancellor:

For the first chancellor sitting only, clerk and two (2)
deputies, each........................................ $ 50.00

For the second chancellor sitting, clerk only.... $
50.00

Provided that the fees herein prescribed
shall be the total remuneration for the clerk and his deputies for attending
chancery court.

(i)
On order of the court, clerks and not more than two (2) deputies may be
allowed five (5) extra days for each term of court for attendance upon the
court to get up records.

(j)
For public service not otherwise specifically provided for, the chancery
court may by order allow the clerk to be paid by the county on the order of the
board of supervisors, an annual sum not exceeding............................................. $5,000.00

(k) For each civil filing, to be deposited into
the Civil Legal Assistance Fund................................. $ 5.00

The chancery clerk shall itemize on the
original document a detailed fee bill of all charges due or paid for filing,
recording and abstracting same. No
person shall be required to pay such fees until same have been so itemized, but
said fees may be demanded before the document is recorded.

(2)
In accordance with Uniform Chancery Court Rule 9.01 as approved by Order
of the Mississippi Supreme Court, the following fees shall be a total fee for
all services performed by the clerk with respect to a complaint which shall be
payable upon filing and shall accrue to the chancery clerk at the time of
filing. The clerk or his successor in
office shall perform all duties set forth without additional compensation or
fee to wit:

(a)
Divorce to be contested................... $75.00

(b)
Divorce uncontested....................... $30.00

(c)
Alteration of birth or marriage certificate$25.00

(d)
Removal of minority....................... $25.00

(e)
Guardianship or conservatorship........... $75.00

(f)
Estate of deceased, intestate............. $75.00

(g)
Estate of deceased, testate............... $75.00

(h)
Adoption.................................. $75.00

(i)
Land dispute.............................. $75.00

(j)
Injunction................................ $75.00

(k)
Settlement of small claim................. $30.00

(l)
Contempt in child support................. $75.00

(m)
Partition suit............................ $75.00

(n)
Any cross-complaint....................... $25.00

(3) For every
civil case filed, an additional fee to be deposited to the credit of the
Comprehensive Electronic Court Systems Fund established in Section 9-21-14...................... $10.00

(4)
Cost of process shall be borne by the issuing party. Additionally, should the attorney or person
filing the pleadings desire the clerk to pay the cost to the sheriff for
serving process on one (1) person or more, or to pay the cost of publication,
the clerk shall demand the actual charges therefor, at the time of filing.

SECTION
4. This act shall take effect and
be in force from and after July 1, 2007.